Daf Yomi - Kesuvos 72 - Highlights

Mishna

The Mishna states: One who restricts his wife by a vow that she should not go to her father’s house, this is the halacha: When her father is with her in the city, if the term was for less than a month, he keeps her, but if the vow was for two months (more than one month), he is required to divorce her and give her the kesuvah (since it is customary for the wife to visit him frequently). When her father is in another city, if the term was for one festival, he keeps her, but if the vow was for three festivals, he is required to divorce her and give her the kesuvah.

One who restricts his wife by a vow that she should not go to a mourner’s house or a wedding, he is required to divorce her and give her the kesuvah, because he is in essence “locking the door in front of her.” If the husband claims that he made this vow because of “something else” (the Gemora will define this term), he is permitted to do so (and she may not demand a divorce).

If the husband tells her: On the condition that you tell So-and-So what you told me, or (he said) what I told you, or that you fill up or pour into the garbage, he is required to divorce her and give her the kesuvah. (71b)

Two Festivals

The Gemora asks: The Mishna had stated that if the term was for one festival, he may keep her. We can infer from here that if the term was for two festivals, he would be required to divorce her. Then, the Mishna rules that if the term was for three festivals, he is required to divorce her. We can infer from here that if the term was for two festivals, he may keep her as a wife. These implicit rulings are contradictory!

Abaye answers: The second ruling is dealing with the wife of a Kohen, and it is following the opinion of Rabbi Yehudah (who allots extra time for the term of the vow before he would be required to divorce her).

Rabbah bar Ula answers: The first ruling of the Mishna is referring to a woman who is anxious to go to her father’s house, whereas the second ruling of the Mishna is referring to a woman who is not so anxious (and therefore, even a vow with the term of two festivals would not be grounds for divorce). (71b)

Mourning for Others
The Mishna had stated: One who restricts his wife by a vow that she should not go to a mourner’s house or a wedding, he is required to divorce her and give her the kesuvah, because he is in essence “locking the door in front of her.”

The Gemora asks: We can understand why it is regarded as “locking the door in front of her,” when he forbids her to attend a wedding. But why are we so concerned by the fact that she cannot go to a mourner’s house?

The Gemora answers: If she does not participate in the mourning of others, they will not come to eulogize her, or they will not come to bury her.

The Gemora cites a related braisa: Rabbi Meir used to say: It is written [Koheles 7:2]: It is better to go to the house of mourning than to go to a house of feasting, for that is the end of all man, and the living should take it to heart. What does the last part of the verse mean? The living should take to heart matters connected with death.

The Gemora explains the reward for those who eulogize the dead: One who eulogizes over the dead, others will eulogize over him. One who buries the dead, others will bury him. One who cries for the dead, others will cry for him. One who accompanies the dead, others will accompany him. One who carries the dead, others will carry him. (71b – 72a)
Dissolute People at the Wedding
The Mishna had stated: If the husband claims that he made this vow because of “something else,” he is permitted to do so (and she may not demand a divorce).

The Gemora asks: What does the Mishna mean when it says “something else”?

Rav Yehudah said in the name of Shmuel: He claimed that there were promiscuous people there, and that is why he did not want her to attend.

Rav Ashi says: His claim is only legitimate if it has been substantiated that these people were there, but otherwise, we would not believe him. (72a)
Fill Up and Pour into the Garbage
The Mishna had stated: If the husband tells her: On the condition that you tell So-and-So what you told me, or (he said) what I told you, or that you fill up or pour into the garbage, he is required to divorce her and give her the kesuvah.

The Gemora asks: Why don’t we tell her to fill up or pour into the garbage?

Rav Yehudah said in the name of Shmuel: The Mishna is not to be taken literally. Rather, it is a euphemism for filling herself with his seed and then pouring it out (vigorous exercise after cohabitation in order to prevent conception).

The Gemora cites a braisa: The meaning of the vow is that she should fill ten pitchers of water and spill them into the garbage.

The Gemora asks: Why is he required to divorce her and give her the kesuvah; let her do it!?

Rabbah bar bar Chana answers in the name of Rabbi Yochanan: By doing so, she will appear foolish. (72b)
Bad Reputation
Rav Kahana said: If a man restricts his wife with a vow that she shall neither borrow nor lend a fine or a coarse sieve, a mill or an oven, he is required to divorce her and give her the kesuvah, because if she would she fulfill the vow, it would give her a bad reputation among her neighbors.

The Gemora cites a braisa which supports Rav Kahana: If a man restricts his wife with a vow that she shall neither borrow nor lend a fine or a coarse sieve, a mill or an oven, he is required to divorce her and give her the kesuvah, because if she would she fulfill the vow, it would give her a bad reputation among her neighbors. Similarly, if she vowed that she shall neither borrow nor lend a fine or a coarse sieve, a mill or an oven, or that she shall not weave beautiful garments for his children, she may be divorced without receiving her kesuvah, because she gives him a bad name among his neighbors (since they will say that he is stingy). (72a)
Mishna
The Mishna states: And these are divorced without receiving a kesuvah: She who transgresses the laws of Moshe or the Jewish customs. And what are the laws of Moshe? She serves him untithed food, or cohabits with him while she is a niddah, or if she does not separate challah from bread, or if she makes vows and does not fulfill them. And what are the Jewish customs? She goes out with her hair uncovered, or spins in the street, or talks to every man. Abba Shaul says: Also if she curses his parents in his presence. Rabbi Tarfon says: Also one who screams. And who is regarded as a screamer? One who speaks inside her house and her neighbors hear her voice. (72a)
Explaining the Mishna
The Mishna had stated: If she serves him untithed food, she may be divorced without receiving her kesuvah.

The Gemora asks: How are we to understand this? If the husband knows the fact, let him abstain? And if he does not know, how did he discover it?

The Gemora answers: The Mishna is discussing a case where she told him, “'So-and-So, the Rabbi has ruled that the blood was tahor for me,” and he went and asked him and her statement was discovered to be untrue.

Alternatively, the Gemora answers that it can be in accordance with Rav Yehudah who says that a woman, who was established by her neighbors to be a niddah (based upon the clothing that she was wearing), her husband will receive lashes if he cohabits with her.

The Mishna had stated: If she cohabits with him while she is a niddah, she may be divorced without receiving her kesuvah.

The Gemora asks: How are we to understand this? If the husband knows the fact, let him abstain? And if he does not know, let us now rely on her statement that she was not a niddah at that time?

The Gemora cites a Scriptural source which indicates that a woman is believed in this regard.

The Gemora answers: The Mishna is discussing a case where she told him, “'So-and-So, the Kohen has tithed the pile of grain for me,” and he went and asked him and her statement was discovered to be untrue.

The Mishna had stated: If she does not separate challah from bread, she may be divorced without receiving her kesuvah.

The Gemora asks: How are we to understand this? If the husband knows the fact, let him separate the challah himself? And if he does not know, how did he discover it?

The Gemora answers: The Mishna is discussing a case where she told him, “'So-and-So, a kneader separated the challah for me,” and he went and asked him and her statement was discovered to be untrue.

The Mishna had stated: If she makes vows and does not fulfill them, she may be divorced without receiving her kesuvah.

This transgression effects her marriage as the master said: One’s children will die young for the sin of not fulfilling one’s vows. As the verse states: Do not let your mouth cause your flesh to sin, and do not say before the angel that it was unintentional; why should Hashem be angry at your voice, and He will destroy your handiwork? A person’s handiwork is his children, and if he does not fulfill his vows, Hashem will take his children from him. (72a)
Violating Her Vows
The Gemora cites a braisa: Rabbi Meir said: Any man who knows that his wife makes vows and does not fulfill them should impose (the same) vows upon her again.

The Gemora asks: You say that he should impose the same vows upon her again? How will this be a remedy?

The Gemora answers: Rather, say that he should provoke her again in order that she should make her vows in his presence and he would thus be able to annul them.

They, however, said to him: No one can live with a serpent in the same basket (she will eventually pronounce a vow without him annulling it and she will then proceed to violate it).

The Gemora cites a related braisa: Rabbi Yehudah said: Any husband, who knows that his wife does not properly separate challah from the dough that she bakes, should separate it himself again after her.

They, however, said to him: No one can live with a serpent in the same basket.

The Gemora notes: He who taught it (that the husband can protect the marriage) in connection with this case (the challah) would certainly apply it with even greater force to the other case (the wife who violates her vows). He, however, who taught it in connection with the other case applies it to that case only, but not to this one (the challah), because it might sometimes happen that he would eat from bread that has not been separated (since she bakes all the time). (72a)
Uncovered Head
The Mishna had stated: And what are the Jewish customs? She goes out with her hair uncovered.

The Gemora asks: Isn’t going out with her hair uncovered a Biblical prohibition?

The Gemora answers: Biblically, it would have been sufficient if she had covered her head with a head-basket (where some of her hair would have shown through the spaces; the Jewish custom would require a complete covering).

Rabbi Assi said in the name of Rabbi Yochanan: A woman, who goes out wearing a head-basket, is not violating the prohibition of going out with one’s head uncovered.

Rabbi Zeira asked: Where is she going? If she is going into the public street, the Jewish custom is that her head must be completely covered? Rather, we are obviously talking about a courtyard. But, if so (that you are ruling that she must be wearing some type of head-covering), you will not leave our father Avraham a single daughter who could remain with her husband (since it was common for all married women go about in their court-yards with uncovered heads)!

Abaye said, and other say: Rav Kahana said: She was going from one courtyard to another courtyard through an alley (since fewer people frequent an alley, it would not have been included in the restrictions of a public street, yet it is not considered sufficiently private to allow the woman to go about there with her head completely uncovered). (72a – 72b)
Spinning in the Street
The Mishna had stated: And what are the Jewish customs? She goes out with her hair uncovered or she spins in the street.

Rav Yehudah said in the name of Shmuel: She uncovers her arms to the men as she spins.

Rav Chisda said in the name of Avimi: As she is spinning the thread, the thread extends to her thigh area (calling intention to her private parts). (72b)
Talks to Every Man
The Mishna had stated: And what are the Jewish customs? She goes out with her hair uncovered, or spins in the street, or talks to every man.

Rav Yehudah said in the name of Shmuel: Talking to men is referring to a woman who is flirting with young men.

The Gemora records an incident: Rabbah bar bar Chanah said: I was once walking behind Rav Ukva when I observed an Arab woman who was sitting, casting her spindle and spinning, and she extended the thread to her thighs. When she saw us, she detached the spindle from the thread, threw it down and said to me, “Young man, hand me my spindle.” Rav Ukva made a statement concerning her behavior. What was that statement? Ravina replied: He spoke of her as a woman who spins in the street. The Rabbis said: He spoke of her as one who talks to every man. (72b)

Cursing his Parents
The Mishna had stated: Abba Shaul says: Also if she curses his parents in his presence.

Rav Yehudah said in the name of Shmuel: This includes also one who curses her husband’s parents in the presence of his offspring; and your mnemonic (that grandsons are like sons) sign is: Ephraim and Menasheh shall be to me as Reuven and Shimon.

Rabbah explained: For instance, when she said in the presence of her husband’s son, “May a lion devour your grandfather.” (72b)
A Screamer
The Mishna had stated: Rabbi Tarfon says: Also one who screams.

The Gemora asks: And who is regarded as a screamer?

Rav Yehudah said in the name of Shmuel: She raises her voice concerning marital relations.

It was taught in a braisa: A screaming woman is one, who while engaging in marital relations with her husband in one courtyard, can be heard (screaming due to the pain) in another courtyard.

The Gemora asks: If so, this case should be included in the Mishna that deals with blemishes?

Rather, it is clear that the explanation is in the manner that we initially answered. (72b)

[END]

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Living in Eretz Yisroel and not Eating Meat or Drinking Wine

If a woman living outside of Eretz Yisroel pronounced a vow that she will go and live in Eretz Yisroel; at the time of her vow, it was not dangerous to live there, but later, there was a fear of war. Is the husband allowed to annul her vow?

Perhaps this question would be dependent on whether there is a mitzvah nowadays to live in Eretz Yisroel. Rabbeinu Chaim Kohen and Tosfos (110b) maintain that there is no mitzvah. The Ramban and other Rishonim disagree and hold that there is a mitzvah.

The Chidah in Birkei Yosef discusses if this is regarded as a vow that involves personal affliction or not.

Another inquiry: If a wife pronounces a vow against eating meat and drinking wine, but she does so on advice from her doctors that it is not healthy for her; can the husband annul such a vow?

Reb Yitzchak Zilberstein says that the husband may annul such a vow, because even though the doctors say that consumption of meat and wine are unhealthy, that is only if he indulges in them, but eating a little meat and drinking a little wine will not cause her harm, and on the contrary, it would have some health benefits; therefore, the husband may annul such a vow. If the doctors state unequivocally that any amount of meat or wine will be harmful for her, then, the husband will not be allowed to annul such a vow.

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Daf Yomi - Kesuvos 71 - Highlights

Rabbi Yehudah’s Opinion

The Mishna had stated (regarding one who had made a vow prohibiting his wife from deriving any pleasure from him until thirty days): Rabbi Yehudah said: If he is a Yisroel, he can keep her as a wife and she is required to be supported through a steward; if he is a Kohen, he can keep her as a wife even if the term of the vow was until two months (we are more lenient because after she is divorced, he cannot remarry her later).

The Gemora asks: Aren’t the Tanna Kamma and Rabbi Yehudah stating the same opinion?

Abaye answers: Rabbi Yehudah is teaching us the halacha regarding the wife of a Kohen.

Rava answers: The difference between them is concerning a full month or a deficient month (the Tanna Kamma maintains that the appointed steward supports her for thirty days, whereas Rabbi Yehudah holds that he should sustain her for only twenty-nine days). (71a)

Unspecified Amount

Rav said: The halacha that the husband may support his wife through an appointed steward is only applicable when the husband specified a term for his vow (less than thirty days); however, if he did not specify any amount, he must divorce her immediately and give her the kesuvah. Shmuel said: Even in this case, he is not required to divorce her immediately, for perhaps, he will find an opening for his vow (and a Chacham will thereby, release him from his vow).

The Gemora asks: Didn’t Rav and Shmuel have this exact dispute a different time (why do they argue twice regarding the same issue)? For we learned in a Mishna: If one vowed, prohibiting his wife to have conjugal relations with him, Beis Shamai say: Two weeks (if the vow is for longer than this period, it is the duty of the husband either to have his vow disallowed or to release his wife by divorce). Beis Hillel say: One week. And Rav said: The argument is only applicable when the husband specified a term for his vow (one or two weeks); however, if he did not specify any amount, he must divorce her immediately and give her the kesuvah. Shmuel said: Even in this case, he is not required to divorce her immediately, for perhaps, he will find an opening for his vow (and a Chacham will thereby, release him from his vow).

The Gemora answers: It was necessary for them to argue in both instances. For if they would have argued only by the case of the marital relations, that is where Rav would say that he must divorce her immediately because the option of an appointed steward is not available; however, by the case of the vow prohibiting benefit, where it is possible to sustain her through a steward, perhaps Rav would agree to Shmuel. And if they would have argued only in the case of the vow prohibiting benefit, perhaps that is where Shmuel would say that he is not required to divorce her immediately, it is possible to sustain her through a steward; however, by the case of the marital relations, where the option of an appointed steward is not available, perhaps Shmuel would agree to Rav. Therefore, the Gemora concludes that both arguments were necessary. (71a)

Put her Finger Between Her Teeth

The Gemora asks on Shmuel from our Mishna: One who vows that his wife not eat from a certain type of fruit is required to divorce his wife and give her a kesuvah. Now, according to Rav, we can explain this part of the Mishna to be referring to a case where the term of vow was unspecified and therefore, he is required to divorce her immediately. The first part of the Mishna is dealing with a case where he specified a certain period of time. However, according to Shmuel, why, in this latter case, is he required to divorce her immediately?

The Gemora answers: The case we are dealing with is where the wife pronounced the vow and the husband upheld it (there is no reason to wait and see if the wife will go to a Chacham to release her from the vow). And Rabbi Meir maintains that it is “he who put her finger between her teeth” (i.e. it is the husband’s fault because he could have annulled her vow), and therefore, she may demand to be divorced.

The Gemora asks: Does Rabbi Meir actually hold that it is “he who put her finger between her teeth”? But we learned in the following braisa: If a woman made a vow of a nazirus (which would forbid her from drinking wine or eating anything which has grapes as an ingredient) and her husband heard of it and did not annul it, Rabbi Meir and Rabbi Yehudah said: It is “she who has thereby put her own finger between her teeth.” Therefore, if the husband wishes to annul her vow, he may do so. But if he said: I do not want a wife who is accustomed to taking vows, she may be divorced without receiving her kesuvah. Rabbi Yosi and Rabbi Elozar said: It is “he who has put his finger between her teeth.” Therefore, if the husband wishes to annul her vow, he may do so. But if he said: I do not want a wife who is accustomed to taking vows, she may be divorced, but she does receive her kesuvah. (Thus we see that Rabbi Meir maintains that the wife is the one who “put her finger between her teeth”?)

The Gemora answers: Reverse their opinions: Rabbi Meir and Rabbi Yehudah said: “He has put” and Rabbi Yosi and Rabbi Elozar said: “She has put.”

The Gemora asks: But does Rabbi Yosi actually hold that it is “she who put her finger between her teeth”? But we learned in our Mishna: Rabbi Yosi said: If she was a poor woman, he is required to divorce her only if the vow was uttered without specifying a time limit. (This is referring to a case where she pronounced the vow and her husband upheld it, and if she did specify a time limit, she may demand a divorce. Thus, we see that Rabbi Yosi maintains that it is “he who put her finger between her teeth”?)

The Gemora answers: We are compelled to emend the opinions once again, and the following is what the braisa should have said: Rabbi Meir and Rabbi Yosi said: “He has put” and Rabbi Yehudah and Rabbi Elozar said: “She has put.”

The Gemora asks: But does Rabbi Yehudah actually hold that it is “she who put her finger between her teeth”? But we learned in our Mishna: Rabbi Yehudah said: If he is a Yisroel and the vow was only for one day, he can keep her as a wife (however, if it was for two days or more, he divorces her and gives her the kesuvah; once again, according to Shmuel, this is a case where she pronounced the vow and he upheld it; it emerges that Rabbi Yehudah also holds that it is “he who has put her finger between her teeth”)?

The Gemora emends the braisa to read as follows: Rabbi Meir, Rabbi Yehudah and Rabbi Yosi said: “He has put” and Rabbi Elozar said: “She has put.”

Alternatively, if you insist that the braisa taught the opinions in pairs, you can say that Rabbi Meir and Rabbi Elozar said: “She has put” and Rabbi Yehudah and Rabbi Yosi said: “He has put,” and our anonymous Mishna will not be in accordance with Rabbi Meir (although the reverse is usually the case). (71a)

The Gemora asks: (According to Shmuel, the Mishna is referring to a case where she pronounced the vow and he upheld it) Rabbi Yosi holds that a poor woman, where a time limit was not specified (she pronounced a vow against using perfume; the husband is required to divorce her), evidently, the husband should have annulled the vow (and by refraining from doing so, it is his responsibility). The following braisa would seemingly contradict this: These are the vows which a husband may annul: Vows which involve personal affliction. For instance, if a woman said, “If I bathe,” or “If I do not bathe; “If I use adornments,” or “If I do not use adornments.” Rabbi Yosi said: These are not regarded as vows involving personal affliction. Rather, the following are vows that involve personal affliction: “I shall not eat meat,” or “I shall not drink wine,” or “I shall not adorn myself with colored clothing.” (It emerges that a vow regarding perfumes is not considered a personal affliction and the husband cannot annul such a vow!?)

The Gemora answers: Our Mishna is discussing adornments that are between him and her (a powder, for instance, for the removal of pubic hair; a woman’s abstention from the use of such kinds of cosmetics or adornments are regarded as things affecting their intimate relations and such vows are regarded as a personal affliction and may be annulled by a husband).

The Gemora asks: This is understandable according to the opinion who maintains that a husband may annul a vow which concerns matters that are between him and her; however, what is there to say according to the opinion who holds that a husband may not annul a vow which concerns matters that are between him and her? For we learned as follows: Concerning matters that are between him and her, Rav Huna said: A husband may annul such a vow and Rav Adda bar Ahavah said: He cannot, for we never found that a fox died in his own foxhole (a proverb meaning that one is not injured by an element to which one is accustomed; the husband being accustomed to his wife’s intimate parts, will not damage himself by her excess pubic hair; since the intimate relations of husband and wife are not affected by such a vow, the husband has no right to invalidate them; how, then, can he be penalized in the case of the adornments spoken of in our Mishna)?

The Gemora answers: We are dealing with a case where she made her cohabitation dependent upon her use of adornments, by saying: The enjoyment of cohabitation with you shall be forbidden to me should I ever make use of any adornment. (This vow, obviously, may be annulled by the husband since it effects their marital relations.)

This vow takes effect according to Rav Kahana, for Rav Kahana said: If a wife pronounces the following vow: The enjoyment of cohabitation with me shall be forbidden to you, we force her to cohabit with him (since the husband has a legal right to have pleasure in his marital relations, and such a vow has no validity). However, if she pronounces: The enjoyment of cohabitation with you shall be forbidden to me, he may annul the vow (since the vow was directed towards her pleasure, it takes effect; and we cannot force her to have relations with him) since we may not feed a person something that is forbidden to him (in our case, it would be forbidden to her).

The Gemora asks: But in our case (where she made her cohabitation dependent upon her use of adornments, by saying: The enjoyment of cohabitation with you shall be forbidden to me should I ever make use of any adornment), let her not adorn herself and she will not become forbidden to have relations with him (and therefore, it should not be regarded as a vow that involves matters that are between him and her, and consequently, the husband should not be allowed to annul such a vow)?

The Gemora answers: If so (that she will not adorn herself), she will be referred to as a repulsive woman (and since she eventually will adorn herself, it is regarded as a vow that involves matters that are between him and her).

The Gemora asks: Let her adorn herself and become forbidden to partake in relations with him, and according to Beis Shamai, this should be for two weeks and according to Beis Hillel, it should be for one week (why is he required to divorce her immediately)?

The Gemora answers: The dispute between Beis Shamai and Beis Hillel applies only to a case where the husband has forbidden her by a vow because in such circumstances she thinks: He may have been angry with me, but he will eventually calm down. Here, however, since she has made the vow and he remained silent, she comes to the following conclusion: Since he remained silent, he must indeed hate me (and therefore, he divorces her immediately). (71a – 71b)

Time Limit

The Mishna had stated: Rabbi Yosi said: If she was a poor woman, he is required to divorce her only if the vow was uttered without specifying a time limit.

The Gemora asks: How long of a time is considered as if there was a term limit specified (and within that time, he would not be required to divorce her)?

Rav Yehudah said in the name of Shmuel: It is twelve months.

Rabbah bar bar Chanah said in the name of Rabbi Yochanan: It is ten years.

Rav Chisda said: It is until the festival, but not including the festival since it is common for a Jewish girl to adorn herself during the festival. (71b)

[END]

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Showing Gratitude to the Swindlers

The Gemora (Kesuvos 68) cites an incident: Rabbi Chanina had a poor man to whom he regularly sent four zuz on every Erev Shabbos. One day he sent the money with his wife who came back and told him that the man was in no need of charity. Rabbi Chanina asked her, “What did you see?” She replied, “I heard that he was asked, ‘On what would you like to dine? Would you like silver or gold tablecloths?’” Rabbi Chanina remarked, “It is because of such cases that Rabbi Elozar said: Come and let us be grateful to the swindlers (who pretend to be poor), for were it not for them, we would have been sinning every day (on account of ignoring the poor).

*** The Gemora cites a Scriptural verse proving that one is regarded as a sinner if he does not give charity to a poor person. Why is a special verse necessary? The mitzvah of giving tzedakah should be like any other mitzvah, and one who refrains from giving to a pauper should automatically be transgressing this mitzvah?

*** How can we give gratitude to the swindlers; it is prohibited to provide assistance for one who is committing a transgression? Cheaters and swindlers are from the group that will not merit seeing the Shechina; wouldn’t it be better if there weren’t any swindlers at all?

*** What sin are we showing gratitude to the swindlers for? Is it for the sin of ignoring a genuine poor person, or perhaps, it is only if we ignore a person whom we are uncertain if he is actually poor or not?

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Daf Yomi - Kesuvos 68 - Highlights

Pretenders

The Gemora cites an incident: Rabbi Chanina had a poor man to whom he regularly sent four zuz on every Erev Shabbos. One day he sent the money with his wife who came back and told him that the man was in no need of charity. Rabbi Chanina asked her, “What did you see?” She replied, “I heard that he was asked, ‘On what would you like to dine? Would you like silver or gold tablecloths?’” Rabbi Chanina remarked, “It is because of such cases that Rabbi Elozar said: Come and let us be grateful to the swindlers (who pretend to be poor), for were it not for them, we would have been sinning every day (on account of ignoring the poor).

Rabbi Chiya bar Rav of Difti taught the following braisa: Rabbi Yehoshua ben Korcha said: Any one who shuts his eyes against charity is regarded like who worships idols.

The Gemora cites a related braisa: If a man pretends to have a blind eye, a swollen belly or a shriveled leg, he will not depart from this world before actually experiencing such a condition. If a man accepts charity and is not in need of it, his end will be that he will not depart from this world before he experiences such a condition. (67b – 68a)

Less than Two Hundred Zuz

The Gemora cites a Mishna in Pe’ah: We do not compel him (one who has less than two hundred zuz in cash and he therefore wishes to take a share in the poor man's gifts) to sell his house or his utensils (even though the proceeds from such a sale will raise his capital to above two hundred zuz, and he will not be considered a pauper any longer).

The Gemora asks: Is that so? Was it not taught in the following braisa: If a poor man was in the habit of using gold utensils, he must sell them and use silver utensils. If he was in the habit of using silver utensils, he must sell them and use copper ones. (This indicates that a poor man is expected to sell his costlier goods before he is allowed to take entitlements designated for the poor; why then was it stated here that he is not compelled to sell his house or utensils?)

Rav Zevid replied. This is no difficulty. The braisa is referring to his bed and table (we require him to sell them); the Mishna is referring to his cups and dishes.

The Gemora asks: What difference is there in the case of the cups and dishes that they are not to be sold? Obviously because he can say, “The inferior quality is repulsive to me.” But in respect of a bed and table also, he might say, “The cheaper ones are unacceptable to me!”

Rava the son of Rabbah offers a different answer: The braisa is referring to a silver plow (which is an item that is not used for his personal use, and generally, people are not finicky about it).

Rav Papa replied: There is no difficulty: The Mishna is referring to a man before he came under the obligation of repayment (if he possessed less than two hundred zuz and applied for assistance; he is not required to sell utensils to raise his capital), whereas, the braisa is referring to a man after he had come under the obligation of repayment (who, being in possession of two hundred zuz, accepted entitlements granted to the poor under false pretences; after it had been discovered that he was not actually a pauper, he was instructed by the court to refund all sums he had received unlawfully; in such a case, if he is unable to repay the money, he is compelled to sell his costly articles and use the cheaper ones). (68a)


Mishna

The Mishna states: An orphan (minor) who was given in marriage by her mother or her brother with her consent, and they wrote for her one hundred, or fifty zuz (for her dowry), she can, after she comes of age, exact from them what should rightfully be given to her (a tenth of her father’s estate).

Rabbi Yehudah says: If he gave his first daughter in marriage, the second should be given in the same manner as he gave to the first. But the Chachamim say: Sometimes a man is poor and becomes wealthy, or he is wealthy and becomes poor; rather, they appraise the assets and give her accordingly. (68a)

Assessing the Father’s Character

Shmuel said: With regard to a dowry, we estimate according to the disposition of their father (if he would be liberally generous or perhaps sting).

The Gemora asks on Shmuel from the following braisa: The daughters are to be maintained and provided for out of the estate of their father. How do we do this? It is not to be said, “Had her father been alive, he would have given her such and such an amount.” Rather, the estate is valued and she is given accordingly. Are we not referring to the estate set aside for the dowry of the orphaned daughter (this would be inconsistent with Shmuel’s ruling that we assess the father’s disposition)?

Rav Nachman bar Yitzchak replied: No! It is referring to her own maintenance (before she is married, she is supported by the brothers).

The Gemora asks: But, surely, it was stated: The daughters are to be maintained and provided for; doesn’t one of the expressions refer to the dowry and the other to her own maintenance?

The Gemora answers: No! They both refer to her own maintenance, and yet there is no difficulty, for one of the expressions refers to food and drink and the other refers to clothing and bed coverings.

The Gemora asks on Shmuel from our Mishna: The Chachamim say: Sometimes a man is poor and becomes wealthy, or he is wealthy and becomes poor; rather, they appraise the assets and give her accordingly. What does the Mishna mean when it says “poor” or “rich”? If it means that he is poor or rich in possessions, it would follow that Rabbi Yehudah holds that even if the father was rich when he married off the first daughter, and now he is poor, we would provide for the second daughter the same amount as the first! How can that be? The father’s estate does not have the money to give her? Rather, it is evident that “poor” means that he is poor in mind (stingy) and “rich” means that he is rich in mind (generous). Accordingly, it emerges that Rabbi Yehudah maintains that we assess the father’s disposition and the Chachamim disagree; they hold that we do not make presumptions regarding the father’s disposition. This would refute Shmuel’s opinion!

The Gemora answers: Shmuel would follow Rabbi Yehudah’s opinion, for Rabbi Yehudah said: If he gave his first daughter in marriage, the second should be given in the same manner as he gave to the first.

The Gemora asks: Why didn’t Shmuel just say that the halacha is in accordance with Rabbi Yehudah?

The Gemora answers: If he would have said that the halacha is in accordance with Rabbi Yehudah, we might have thought that this is applicable only in a case where the father married off his first daughter (then, we assess his character), but in a case where he did not marry off any daughter previously, we do not make any presumptions as to the character of the father. Shmuel, therefore, teaches us that Rabbi Yehudah’s logic is based on our presumption to the father’s character, whether he married off a daughter or even if he did not marry one off. The Gemora concludes that the reason the Mishna specified the case where he married off the first daughter is to demonstrate the extent of the Chachamim’s opinion – that even in that case, they disagree. (68a)

The Gemora cites another braisa: If an orphan applied for assistance (from the charity fund) to marry, a house must be rented for him, a bed must be prepared for him and he must also be supplied with all the household objects required for his use, and then he is given a wife in marriage. (67a – 67b)

Is the Halacha like Rabbi Yehudah?

Rava said to Rav Chisda: Shall we rule in your name that the halacha is in accordance with Rabbi Yehudah?

Rav Chisda replied: May it be the will of God that you report in your discourses all such excellent sayings in my name.

The Gemora asks: Could Rava, however, have made such a statement (agreeing to Rabbi Yehudah)? Surely, it was taught in the following braisa: Rebbi said: A daughter who is maintained by her brothers is entitled to receive a tenth of her father’s estate (and we do not make presumptions regarding the father’s character). And Rava stated that the law is in agreement with Rebbe!?

The Gemora answers: This is no difficulty. The halacha follows Rabbi Yehudah in a case where we were able to determine the father’s disposition; whereas, Rebbe’s ruling applies in a case where we have not formed any opinion about his character.

This explanation may also be supported by the following logical reasoning: For Rav Adda bar Ahava stated: It once happened that Rebbe gave her a twelfth of her father’s estate. Are not the two statements contradictory (for elsewhere, Rebbe ruled that she should be awarded a tenth)? Consequently, it must be inferred that one ruling (where she is awarded a twelfth) refers to a father of whom some opinion had been formed, while the other refers to a case where we have formed no opinion.

The Gemora concludes: This is indeed conclusive proof. (68a)

A Tenth of the Estate

The Gemora stated above: Rebbi said: A daughter who is maintained by her brothers is entitled to receive a tenth of her father’s estate (and we do not make presumptions regarding the father’s character).

They said to Rebbe: According to you, if one has ten daughters and one son, the son will receive nothing because of the daughters!

Rebbe replied: The following is what I am saying: The first daughter is awarded a tenth of the father’s estate. The second daughter is awarded a tenth of the remainder. The third daughter is awarded a tenth of what is now remaining. Then, they pool all their shares together and divide them equally. (There will be approximately thirty-five percent of the estate remaining for the son.)

The Gemora asks: Why do they have to pool their shares together after they already received their appropriate “tenth”?

The Gemora answers: They would pool their shares together in a case where they all came to get married at one time. (68a – 68b)

A Gift and a Loan

The Gemora cites a braisa: The orphaned daughters, whether they had attained bagrus (generally, at twelve and a half) before they married or whether they married before they had attained bagrus, they lose their right to maintenance (as this is explicitly stated in the kesuvah), but not to their dowry; these are the words of Rebbe. Rabbi Shimon ben Elozar said: They lose their rights to a dowry as well (the tenth of the estate to which, a daughter is entitled; in his opinion, it is only one who is a minor that receives the tenth, however, once she has reached bagrus, or she performed nisuin as a na’arah, without claiming at the time her dowry, she loses her claim to it). How should they proceed (if they are close to attaining bagrus and have not found a husband yet)? They hire for themselves husbands and the husbands will collect their dowries for them.

Rav Nachman stated: Huna told me that the halacha follows the opinion of Rebbe.

Rava asked Rav Nachman from our Mishna: An orphan (minor) who was given in marriage by her mother or her brother with her consent, and they wrote for her one hundred, or fifty zuz (for her dowry), she can, after she comes of age, exact from them what should rightfully be given to her (a tenth of her father’s estate). It would seem that the Mishna rules in this manner because she married when she was a minor (and she cannot waive her rights to the tenth), but if she would have married as adult, her waiver is legally valid (and since this is an anonymous Mishna, it is evident that even Rebbe, who compiled the Mishnayos is ruling like Rabbi Shimon ben Elozar)?

The Gemora answers: Rebbe is referring to a case where she protested, whereas the Mishna is referring to a case where she did protest.

The Gemora proves that Rebbe is only referring to a case where she protested. (68b)

[END]

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Who Needs the Horse?

There once was an incident, where a certain Rebbe came to visit the Kotzker Rebbe. The Kotzker Rebbe gave him tremendous honor, and arranged for him a lavish feast. His disciples were astonished, for they knew that the Kotzker Rebbe did not hold this other individual in such high esteem.

The Kotzker explained: The Gemora (Kesuvos 67b) states: You are commanded to support a poor person, but you are not commanded to make him rich. You must provide for him a horse to ride on and a servant to run before him.

Now, it is understandable, the Rebbe said, that a person might need a horse to ride on, for perhaps, he is weak or ill, but what is the necessity in having a servant running before the horse? That is silly!

It is therefore evident, the Rebbe concluded, that one is obligated to provide even foolish things for a fool. This guest, although he might not be worthy of the honor we bestowed upon him, it is obvious that this is the manner in which he wishes to be treated. It is therefore our obligation to honor him.

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Daf Yomi - Kesuvos 67 - Highlights

Gold Bars

Rav Shemen bar Abba said in the name of Rabbi Yochanan: If the woman brought gold into the marriage in her dowry, we assess it and enter it into her kesuvah according to its actual value (no addition of fifty per cent, as in the case of cash since they do not exaggerate the value of gold and no subtraction of a fifth as in the case of goods are made because gold is not subject to wear and tear).

The Gemora asks from the following braisa: Gold is regarded as utensils. Does this not mean that gold is treated like silver utensils, which do, in fact, depreciate (and therefore, we would subtract a fifth in the kesuvah).

The Gemora answers: The braisa means that gold is treated just like gold utensils (and they do not depreciate).

The Gemora asks: If so, the braisa should have stated that gold is regarded just like its utensils?

And furthermore, we learned in a braisa: Gold is regarded as utensils. Gold dinars are treated as cash (and we add fifty percent to it). Rabban Shimon ben Gamliel says: In a place where the custom is not to exchange them, we assess them and enter them into her kesuvah according to their actual value.

[The Gemora is attempting to prove that the braisa is referring to silver utensils; in order to do so, the Gemora must first clarify Rabban Shimon ben Gamliel’s opinion.] The Gemora asks: Which case is Rabban Shimon ben Gamliel referring to? If you say that he is referring to the latter statement (gold dinars are treated as cash), it may then be inferred that the Tanna Kamma maintains that gold dinars are treated as cash even where the custom is not to exchange them. What would be the logic in that? If they cannot be spent, why would they be treated as cash? Rather, it is evident that he is referring to the first statement of the braisa, and this must be the explanation: The Tanna Kamma maintains that gold is regarded just as silver utensils (and therefore, we would subtract a fifth in the kesuvah). Rabban Shimon ben Gamliel disagrees and holds that gold is treated as gold dinars in a place where the custom is not to exchange them (and therefore, we assess them according to their actual value without subtracting a fifth). (It emerges that the Tanna Kamma maintains that gold is treated like silver utensils; this would be inconsistent with Rabbi Yochanan’s ruling.)

The Gemora answers: No! In fact, Rabban Shimon ben Gamliel is referring to the latter statement (gold dinars are treated as cash), and we are discussing a case in which the gold dinars, with difficulty, may be used as currency. The following would be the explanation of their argument: The Tanna Kamma maintains that we add fifty percent since they can be used as cash. Rabban Shimon ben Gamliel disagrees and holds that we do not add fifty percent since they can only be used as currency with difficulty.

Alternatively, the Gemora answers: The entire braisa can be in accordance with Rabban Shimon ben Gamliel, and there are seemingly some missing words in the braisa, but this is what it means: Gold is regarded as utensils. Gold dinars are treated as cash (and we add fifty percent to it). When are they treated as cash? Only in a place where the custom is to exchange them, but in a place where the custom is not to exchange them, we assess them and enter them into her kesuvah according to their actual value; these are the words of Rabban Shimon ben Gamliel, for Rabban Shimon ben Gamliel says: In a place where the custom is not to exchange them, we assess them and enter them into her kesuvah according to their actual value. (Accordingly, we have no proof or challenge to Rabbi Yochanan’s opinion regarding gold itself.)

The Gemora asks: If so, the braisa should have stated that gold is regarded just like its utensils?

The Gemora remains with that difficulty.

Alternatively, the Gemora answers: The braisa is discussing broken pieces of gold (which wear away in use; they are indeed to be treated in the same way as silver utensils, their price being entered in the kesuvah after a deduction of one fifth had been made; Rabbi Yochanan, however, deals with the case of large gold bars which do not wear away, and whose full value must consequently appear in the kesuvah).

Rav Ashi says that the braisa is referring to gold dust. (67a)

Mishna
One who gives his daughter in marriage without specifying (an amount for her dowry) may not give her less than fifty zuz. If he stipulated to give her in marriage bare of any dowry, the husband may not say, “When I take her into my house, I will provide her with clothing,” but he is required to clothe her while she is still in her father’s house. And likewise, one who gives an orphan in marriage may not give her less than fifty zuz. If there is in the charity fund, they support her according to the honor due to her. (67a)

Provincial Zuzim
Abaye comments: The Mishna is referring to the provincial zuzim (which are only worth an eighth of the Tyrian zuzim).

Abaye explains himself: Since the Mishna states: One who gives an orphan in marriage may not give her less than fifty zuz. If there is in the fund, they support her according to the honor due to her. And we asked: What fund are they referring to? Rachavah said: It is a charity fund. If you would think that we are referring to the Tyrian zuzim, how much more than fifty zuz does she require? It is therefore evident that the Mishna is referring to the provincial zuzim. (67a)

Marrying an Orphan Off
The Gemora cites a braisa: If an orphan boy and an orphan girl applied for maintenance, the girl orphan is to be provided for first and the boy orphan afterwards, because it is not unusual for a man to go begging, but it is unusual for a woman to do so.

If an orphan boy and an orphan girl applied for charity funds in order to get married, we enable the girl orphan to marry first and the boy orphan is married afterwards, because the shame of a woman is greater than that of a man.

The Gemora cites another braisa: If an orphan applied for assistance (from the charity fund) to marry, a house must be rented for him, a bed must be prepared for him and he must also be supplied with all the household objects required for his use, and then he is given a wife in marriage. (67a – 67b)

According to the Pauper’s Needs
The Gemora cites a braisa: You are commanded to support a poor person, but you are not commanded to make him rich. You must provide for him a horse to ride on and a servant to run before him. They said in regards to Hillel the Elder that he took for a certain poor man who was from a wealthy family a horse to ride upon and a servant to run before him. On one occasion, Hillel could not find a servant to run before him, so Hillel himself ran before him for three milin (6,000 amos).

A related braisa is cited: It once happened that the people of Upper Galilee bought for a poor person from a wealthy family of Tzippori a litra of meat every day.

The Gemora asks: What is the greatness about a litra of meat?

Rav Huna answered: It was a pound of (very expensive) fowl’s meat. Alternatively, you can say that they purchased ordinary meat with a litra’s weight of money.

Rav Ashi replied: The incident took place in a small village (and there were not so many people that would buy the remainder of the meat) and everyday an entire animal had to be wasted for his sake.

The Gemora records a related incident: A certain man once came to Rabbi Nechemia for maintenance. Rabbi Nechemia asked him, “What do your meals consist of?” He replied, “Of fatty meat and old wine.” “Will you agree,” Rabbi Nechemia asked him, “to join me with eating lentils?” The pauper consented, lived with him on lentils and died. Rabbi Nechemia exclaimed, “Woe unto this man, whom Nechemia has killed!”

The Gemora asks: On the contrary, he should have said, “Woe unto Nechemia, who killed this man!”

The Gemora answers: The man himself was at fault, for he should not have spoiled himself to such an extent.

The Gemora cites a similar incident: A man once came to Rava for maintenance. Rava asked him, “What do your meals consist of?” He replied, “Of fatty meat and old wine.” Rava asked him, “Did you not consider the burden on the community?” The man replied, “Do I eat from their food? I eat the food which belongs to Hashem, for we learned in the following braisa: The eyes of all look to You with hope and You give them their food in the proper time. This teaches us that Hashem provides for every individual his food i accordance with his own habits. Meanwhile, there arrived Rava's sister, who had not seen him for thirteen years, and brought him a fat chicken and old wine. “What a remarkable incident!” Rava exclaimed; and then Rava said to him, “I apologize to you, come and eat.” (67b)

A Gift and a Loan
The Gemora cites a braisa: If a man has no means to support himself, but he does not wish to be maintained out of the charity fund, he should be granted the necessary sum as a loan, and then as a gift (we do not ask him to repay it); these are the words of Rabbi Meir. The Chachamim, however, said: It is given to him as a gift and then it is granted to him as a loan.

The Gemora interrupts and asks: As a gift? He, surely, will refuse to accept the money as a gift!?

Rava replied: It is offered to him initially as a gift (and if he refuses, we lend him the money).

The braisa continues: If a man has means to support himself, but he does not wish to use his own money, he should be granted the necessary sum as a gift, and then, we will collect payment from him?

The Gemora interrupts and asks: If we will demand payment from him, he will not take anymore!?

Rav Papa replied: We will collect from his estate after he dies.

The braisa continues: Rabbi Shimon says: If a man has means to support himself, but he does not wish to use his own money, we do not get involved with him. If a man has no means to support himself, but he does not wish to be maintained out of the charity fund, we tell him to bring a collateral and take the money, for this way, his mind will be put at ease (thinking that it is indeed a loan).

The Gemora cites scriptural sources for the halachos mentioned above. (67b)

Mar Ukva’s Acts of Charity
Mar Ukva had a poor man in his neighborhood into whose door-socket he used to throw four zuz every day (in a way that the pauper did not know who was his benefactor). Once, the poor man thought, “I will go and see who is doing this kindness for me.” On that day, it happened that Mar Ukva was late at the Beis Medrash, and his wife was coming home with him. As soon as the poor man saw them moving the door, he went out after them, but they fled from him (in order that he shouldn’t be embarrassed) and ran into an oven from which the fire had just been swept (but was still extremely hot). Mar Ukva’s feet were burning and his wife said to him, “Raise your feet and put them on mine.” As he was dejected (thinking that he was not as worthy of divine protection as his wife), she said to him, “I am usually at home (and the poor people can find me easily) and my benefactions are immediate (since she provided them with ready-made food).

The Gemora asks: Why was it necessary for them to flee?

The Gemora answers: Because Mar Zutra bar Toviah said in the name of Rav, and others say that it was Rav Huna bar Bizna who said it in the name of Rabbi Shimon Chasida, and others say that it was Rabbi Yochanan who said it in the name of Rabbi Shimon ben Yochai: It is more preferable for a man to throw himself into a fiery furnace than that of publicly putting his neighbor to shame.

The Gemora asks: How do we know this concept?

The Gemora answers: It is from the action of Tamar; for it is written [Breishis 38:25]: As she was taken out etc. (She chose to be burned rather than publicly put her father-in-law to shame. It was only through Yehudah’s own confession after he received her private message that she was saved.)

The Gemora cites another incident with Mar Ukva and his charitable acts: Mar Ukva had a poor man in his neighborhood to whom he regularly sent four hundred zuz on Erev Yom Kippur. On one occasion, he sent the money with his son who came back and said to him, “He does not need your help any longer.” Mar Ukva asked his son, “What have you seen?” The son replied that they were aromatizing his house with old wine. Mar Ukva said, “Is he so delicate?” He, therefore, doubled the amount that he had previously been sending.

When Mar Ukva was about to die, he requested, “Bring me my charity accounts.” Finding that he had given seven thousand of Siyankian dinars (an astonishingly large sum), he exclaimed, “The provisions are scanty and the road is long,” and he immediately distributed half of his wealth to charity.

The Gemora asks: But how was he permitted to do such a thing? Didn’t Rabbi Ila say: It was decreed in Usha that one who gives liberally to charity should not give more than a fifth of his wealth (for then, he will be forced to beg for support himself)!?

The Gemora answers: This is applicable only during a man’s lifetime, since he might thereby be impoverished, but after death, we have no need to be concerned for this. (67b)

[END]

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Perfume for the Yerushalmi Women

The Mishna had stated: The groom should give ten dinars to her “kupah.”

The Gemora (Kesuvos 66b) asks: What is her “kupah?” Rav Ashi says: It refers to her box of perfumes. Rav Ashi qualified this ruling: This law was only stated regarding Yerushalayim.

Tosfos explains: Although, the Gemora in Yoma (39b) states that a bride had no necessity to use fragrances because of the aroma of the ketores; they still required cosmetics in order to beautify her skin.

The Ritva (ibid) answers: It was beneath the dignity of the wealthy women in Yerushalayim to rely on the aroma of the ketores; their husbands were required to provide fragrances for them.

The Netziv answers that the aroma of the ketores was only sufficient during the time of the burning of the incense, but a husband needed to provide his wife with perfumes and cosmetics for the remainder of the time.

Reb Elozar Moshe Horowitz answers: On the contrary! The women of Yerushalayim required even more perfume than others. When they took leave of Yerushalayim, they needed to compensate for the lack of the aroma emanating from the ketores.

A similar answer is brought from the Likutei Chaver ben Chaim: A woman in Yerushalayim required even more perfume than an ordinary woman, for if she would want that her husband should recognize her distinct smell, she would need to use a lot of perfume in order that her aroma should not be negated by the aroma of the ketores.

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How the Mighty have Fallen

The Rabbis taught in a braisa (Kesuvos 66b): There was an incident with Rabbi Yochanan ben Zakai who was riding on a donkey on his way out of Yerushalayim, and his students were following him on foot. H saw a young girl who was picking barley out of the dung of Arab-owned animals. When she saw him, she covered her face with her hair and stood before him saying, “Master, give me food!” He said, “My daughter, who are you?” She replied, “I am the daughter of Nakdimon ben Gurion.” He asked her, “My daughter, where did your father’s money go?” She replied, “Don’t they say the following parable in Yerushalayim: “The salt of money is its shortage (if you want your money to be preserved, lessen it through charity)?” Others say that it is through kindness. (As the members of her family were not charitable they lost their money.) He asked, “Where did the fortune of your in-laws go?” She replied, “This one came and destroyed that which belonged to the other (my father’s money and his money were mixed up together, and when one was lost, the other disappeared with it).” She continued, “Master, do you remember when you signed my kesuvah?” He turned to his students and said, “I remember when I signed on her kesuvah, and I read about a million gold dinarss that were pledged by her father alone, besides of that of her in-laws.” Rabban Yochanan ben Zakai started crying. He said, “Praised are you Yisrael! When you do the will of Hashem, no nation can rule over you! When you do not do the will of Hashem, He delivers you into the hands of a low nation. And not into the hands of a low nation, but in the hands of the animals of a low nation!”

The Gemora asks: Didn’t we learn that Nakdimon gave generously to charity?

The Gemora answers: Either he gave for his own honor or he did not give as much as he should have.

*** What can we derive from the fact that Rabbi Yochanan ben Zakai was riding on a donkey, and his students were following him on foot?

*** How could she have covered her face with her hair; isn’t the hair of a woman regarded as ervah?

*** Why did Rabbi Yochanan ben Zakai question her regarding the money of her father; didn’t he know about the fire that destroyed all of his storehouses?

*** The Hafla’ah writes a fascinating interpretation of the proverb said over in Yerushalayim: “The salt of money is its shortage.” If one shortens the word “mamon,” it will be spelled: mem, mem and nun. If you spell out these letters, the letters mem, mem, vav and nun will appear, spelling “mamon” in its entirety. This demonstrates that if one creates a deficit in his money by giving generously to charity, his money will be preserved and he will be repaid many times over.

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Humiliation through Words

The Gemora (Kesuvos 66a)cited a Mishna in Bava Kamma: If someone spat at his friend and the spittle hit him, or he removed the hair covering of a woman or his friend’s cloak, he is required to pay him/her four hundred zuz. Rav Papa taught: This is only if the spittle reached his friend, but if it only hit his clothes, he is exempt from paying this fine.

The Gemora in Bava Kamma asks: Shouldn’t the perpetrator be liable similar to one who humiliates his fellow with words? The Gemora answers: It is evident from here that one who embarrasses his fellow with words is exempt from any liability.

The Rosh cites Rav Shrira Gaon: Although it seems from the Scriptural verses that one is not liable for humiliating his fellow with words, nevertheless, the Sages would excommunicate him until he appeases his fellow properly according to his honor. He notes that it is logical to assume that there is a higher degree of embarrassment for one who is humiliated with words more than one, who was embarrassed through a wound, for there is nothing worse than slandering one’s fellow.

The Rambam (Hilchos Chovel 5:7) rules that one who admits in Beis Din that he wounded his fellow privately, he will be liable to pay for the embarrassment, for even though the victim was not humiliated at the time of the wounding, he was humiliated at the time of the admission in Beis Din.

The Minchas Chinuch (49:7) asks: Isn’t this a classical case of embarrassing one’s fellow with words, and one is not liable for such humiliation?

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Daf Yomi - Kesuvos 66 - Highlights

Mishna

The Mishna states: The findings of a woman and her earnings belong to her husband. Regarding property that she inherits, the husband may only eat the produce while she is alive. Payment for her embarrassment or blemish belongs to her. Rabbi Yehudah ben Beseira says: When the injury is hidden, two parts of the payment are hers, and one is his. And when it is exposed, two parts are his and one is hers. His portion is given to him immediately, but in regards to her portion, land is purchased and he eats the produce. (65b).

Does a Married Woman Keep Lost Objects That She Finds?

A braisa was taught in front of Rava stating that a lost object found by a wife belongs to her. Rabbi Akiva said: It belongs to her husband.

Rava asked: If Rabbi Akiva holds that the money produced by extra work that a woman does can be kept for herself, although work money usually goes to a husband, certainly he would hold that she could keep any lost object that she finds!

[The fact that Rabbi Akiva holds this way is established in a Mishna.] The Mishna states: If a woman vows that the benefits of her work should be forbidden to her husband, her husband does not have to be “meifer” – “deny” the vow (as she is already indebted to give him these benefits). Rabbi Akiva says: He should be meifer, as she might work more than she has to and these benefits will be forbidden to him.

Rava therefore said: It must be that the opinions are mixed up. The braisa should read that a lost object found by a wife belongs to her husband. Rabbi Akiva said: It belongs to her.

When Rabin arrived (from Eretz Yisrael), didn’t he say in the name of Rabbi Yochanan: Everyone agrees that if a woman does more work than necessary because she is talented and can easily do so that all of the profits belongs to the husband. The only argument is when a woman pushes herself to work more than usual. The Tana Kama (of the braisa) understands that this too goes to her husband, while Rabbi Akiva says that she is allowed to keep the extra money. [Accordingly, why should Rabbi Akiva say that if she finds a lost object, that took no effort to find, that it should not go the husband?]

Rav Papa answered: A lost object is considered as if extra effort is put in (as it often takes some effort to recover, such as a lost injured animal), and is therefore subject to the argument of Rabbi Akiva and the Rabbanan.

Rav Papa asked: If she does two jobs at once, is this considered extra effort? Ravina asked: If she does three or four jobs at once, is this considered extra effort? Their questions remain unanswered. (65b – 66a)

Paying the Husband for Embarrassing his Wife
[The Mishna quotes Rabbi Yehuda ben Beseira as saying that a husband receives partial payment for the embarrassment and blemish of his wife.] Rava bar Rav Chanan asked: If someone embarrassed his friend’s horse, should he have to pay him for embarrassment? The Gemora asks: Does a horse get embarrassed?

The Gemora answers that Rava bar Rav Chanan meant to ask: If someone spat at his friend and the spittle hit him, or he removed the hair covering of a woman or his friend’s cloak, he is required to pay him/her four hundred zuz. Rav Papa taught: This is only if the spittle reached his friend, but if it only hit his clothes, he is exempt from paying this fine.

The Gemora answers: Spit that only hits clothing is not such an embarrassment, whereas if a person’s wife is embarrassed it is embarrassing to him as well.

Ravina asked Rav Ashi: This seems difficult, as according to this answer if someone embarrassed a poor person from a good family, he should have to pay the entire family for the embarrassment!

Rav Ashi answered: In such a case the poor person is not like their body. Here, a wife is considered to be as one person with her husband. (66a)

Mishna
If a person promised monies to his son-in-law who died (and his brother will perform “yibum” – “levirate marriage” if he will similarly be supported by his father-in-law), the sages said: He can tell his new son-in-law, “I was willing to give this money to your brother, but not to you.”

If a woman promises to bring in one thousand manah to the marriage, he should write in the kesuvah that he will give her one thousand five hundred. If she brings presents to him that deteriorates over time, he should pledge opposite their value in the kesuvah less one fifth. If she brings assets into the marriage that are worth one hundred and they are worth exactly one hundred (and no more) in the marketplace, he should pledge one hundred in the kesuvah. If he commits to writing a manah in the kesuvah, she must ascertain that the wear-and-tear valuables she brings him are worth thirty one sela and a dinars (which equal a manah plus one fifth). If he commits to four hundred, she must bring him five hundred. Whatever the estimate is by the groom, he must commit to one fifth less (the Gemora will discuss all of these seemingly extra statements). (66a – 66b)

A Solid Claim
The braisa states: It does not need to be said that the father-in-law can make this claim if his first son-in-law was a Torah scholar and his second (possible) son-in-law is an ignoramus. Even if the opposite is true, he can claim “I would give this money to your brother but not to you.” (66b)

The Mishna’s Cases Are Not Redundant
[The Gemora now discusses the redundancies of the Mishna.] The Gemora asks: These are the same cases as in the first part of the Mishna!

The Gemora answers: The difference between them is a large estimate versus a small monetary estimate. [One might think that either the larger amounts are exaggerated or that smaller amounts are exaggerated to make them more important, and therefore a fifth is not in every case. This is why examples of both a lot of money and small amounts are given.] Additionally, the Mishna wanted to state that this is true whether the estimate is done by him or by her. (66b)

Mishna
If she commits to bringing him money (to invest), each sela of hers equals six dinars (one third more than its face value). The groom should give ten dinarss to her “kupah” (see Gemora later) for every hundred that she brings into the marriage for her own benefit (see Rashi). Rabban Shimon ben Gamliel says: This is all in accordance with the custom of the land. (66b)

The Case is not Redundant
The Gemora asks: This is the same lesson as the first case in the previous Mishna that he had to commit to fifteen hundred zuz! The Gemora answers that the Mishna wanted to stress that just as this applies to big amounts it also applies to small amounts.

The Gemora explains further why this was necessary. If it would only say this by big amounts, one might say that this is because one can easily make a lot of profit with a lot of capital. However, with small amounts of money with small profit margins, maybe this is not the case. The Mishna therefore said the law is the same. If it would have only said the law by small money, we would have thought this is only regarding small money where there is less responsibility and liability, not regarding large amounts where the responsibility and liability is greater. This is why the case of the large amount is also necessary. (66b)

What is a “Kupah”?
The Mishna had stated: The groom should give ten dinarss to her “kupah.”

The Gemora asks: What is her “kupah?” Rav Ashi says: It refers to her box of perfumes. Rav Ashi qualified this ruling: This law was only stated regarding Yerushalayim.

Rav Ashi asked: Is this according to their estimated value or the value he accepts for the kesuvah (one fifth less)? If you say it is for the value he accepts, is it just the first day or for every day? If it is every day (see Rashi), does that mean just the first Shabbos or every Shabbos? If it includes every Shabbos, is this only the first month of marriage or every month? If it is every month, does it mean every month for the first year of marriage, or for every year of marriage? The question remains unresolved. (66b)

The Daughter of
Nakdimon ben Gurion
Rav Yehuda said in the name of Rav: There was an incident with the daughter of Nakdimon ben Gurion, who the sages ruled should receive for her box of perfumes four hundred gold coins for one day. She told them: “So you should rule for your daughters.” They answered amen.

The Rabbis taught in a braisa: There was an incident with Rabbi Yochanan ben Zakai who was riding on a donkey on his way out of Yerushalayim, and his students were following him on foot. H saw a young girl who was picking barley out of the dung of Arab-owned animals. When she saw him, she covered her face with her hair and stood before him saying, “Master, give me food!” He said, “My daughter, who are you?” She replied, “I am the daughter of Nakdimon ben Gurion.” He asked her, “My daughter, where did your father’s money go?” She replied, “Don’t they say the following parable in Yerushalayim: “The salt of money is its shortage (if you want your money to be preserved, lessen it through charity)?” Others say that it is through kindness. (As the members of her family were not charitable they lost their money.) He asked, “Where did the fortune of your in-laws go?” She replied, “This one came and destroyed that which belonged to the other (my father’s money and his money were mixed up together, and when one was lost, the other disappeared with it).” She continued, “Master, do you remember when you signed my kesuvah?” He turned to his students and said, “I remember when I signed on her kesuvah, and I read about a million gold dinarss that were pledged by her father alone, besides of that of her in-laws.” Rabban Yochanan ben Zakai started crying. He said, “Praised are you Yisrael! When you do the will of Hashem, no nation can rule over you! When you do not do the will of Hashem, He delivers you into the hands of a low nation. And not into the hands of a low nation, but in the hands of the animals of a low nation!”

The Gemora asks: Didn’t we learn that Nakdimon gave generously to charity?

The Gemora answers: Either he gave for his own honor or he did not give as much as he should have. (66b – 67a)

[END]

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Daf Yomi - Kesuvos 65 - Highlights

Granting Wine for the Widow

The Mishna had stated: He also gives her half a kav of beans, a half a log of oil, and a kav of dried figs, or a maneh of pressed figs.

The Gemora notes: The Mishna did not mention wine. This would support Rabbi Elozar’s opinion, for Rabbi Elozar said: We do not provide wine as an allowance for a woman (since wine arouses a woman’s desire for intimacy, and it may lead her to unchastity).

The Gemora cites a Scriptural source for this ruling.

The Gemora asks on Rabbi Elozar from the following braisa: If a woman is accustomed to drinking wine, we give her wine.

The Gemora answers: It is different when she is accustomed to drinking wine, for Rav Chinana bar Kahana said in the name of Shmuel: If the woman is accustomed to drinking wine, we give her one cup of wine. If she is not accustomed to drinking wine, we give her two cups of wine.

The Gemora asks: What is he saying (why do we give her more if she is not accustomed to drinking)?

Abaye explains: If the woman is accustomed to drink two cups of wine in front of her husband, then, we give her one cup of wine when she is not in front of her husband. If she is not accustomed to drink more than one cup of wine in front of her husband, then, we do not give her any cups of wine when she is not in front of her husband.

Alternatively, we can answer the challenge on Rabbi Elozar from the braisa differently. If the woman is accustomed to wine, we provide her with wine in order for her to season her dish. For Rabbi Avahu said in the name of Rabbi Yochanan: It happened that when the Sages awarded the widowed daughter-in-law of Nakdimon ben Guryon (an extremely wealthy man in Yerushalayim during the time of the destruction of the secong Beis Hamikdosh) a weekly allowance of two se’ahs of wine (a huge sum) for seasoning her dishes from one Friday night to another. She said to them, “May you grant such allowances to your daughters (cursing them, for she believed that this was a stingy amount).” A Tanna taught: She was a woman awaiting yibum and hence, they did not reply Amen after her (they did not wish that their daughters should be granted such an enormous amount in this type of situation).

A Tanna taught: One cup of wine is becoming to a woman; two are degrading. If she has three, she will demand from her husband marital relations. If she has four, she solicits even a donkey in the street and doesn’t care at all.

Rava said: This was taught only in respect of a woman whose husband is not with her; but if her husband is with her, we are not concerned about her drinking.

The Gemora asks: But surely, there is the case of Chanah whose husband was with her (and she, nevertheless, abstained from drinking wine)?

The Gemora answers: It is different when they are guests, for Rav Huna stated: How do we derive that a guest is forbidden to engage in marital relations? It is from the following verse discussing Chanah [I Shmuel, 1:19]: And they rose up in the morning early and worshipped before Hashem, and returned, and came to their house, to Ramah, and then Elkanah knew his wife; and Hashem remembered her. Only when they returned home did they engage in marital relations, but not before. (This explains why Chanah could not drink wine, for they were guests in Shiloh and they weren’t allowed to have relations there.)

The Gemora records an incident: Choma, Abaye’s widowed wife, came to Rava and asked him, “Grant me a food allowance,” and he granted her the allowance. “Grant me an allowance of wine,” she demanded. Rava said to her, “I know that Nachmeini did not drink wine.” She replied, “By the life of the Master, I swear that he gave me to drink wine from goblets as large as this (she demonstrated the size by stretching out her arm and forearm). As she stretched out her arm, her arm became uncovered and a light shone upon the court (due to her beauty). Rava rose, went home and solicited (his wife) Rav Chisda’s daughter. “Who has been today at the court?” enquired Rav Chisda’s daughter. “Choma, the wife of Abaye,” he replied. Thereupon, she (Rava’s wife) followed her (Choma), striking her with the straps of a chest until she chased her out of Mechoza. “You have,” she said to her, “already killed three men (Abaye being her third husband), and now you wish to kill another man!”

The Gemora records another incident: The widowed wife of Rav Yosef the son of Rava came before Rav Nechemia the son of Rav Yosef and said to him, “Grant me a food allowance,” and he granted her the allowance. “Grant me an allowance of wine,” she demanded, and he granted her. He said to her, “I know that the people of Mechoza drink wine.”

A final incident is related: The widowed wife of Rav Yosef the son of R. Menashya of D’vil came before Rav Yosef and said to him, “Grant me a food allowance,” and he granted her the allowance. “Grant me an allowance of wine,” she demanded, and he granted her. She continued, “Grant me an allowance of silk.” He asked her, “Why do you require silk?” She replied, “For you, for your friends and for your friends’ friends (to enable her to keep up the social standing which she held previously).” (65a)

Shoes

The Mishna had stated: A husband must provide for his wife a kerchief for her head, a belt for her loins, shoes from festival to festival and clothing of fifty zuz from year to year.

Rav Papa asked of Abaye: Is it logical that the husband should provide for his wife shoes three times a year, but she only receives new clothing once a year? Isn’t having new clothing for the festival more important than having new shoes?

Abaye answered: The Tanna was located in a mountainous region where one cannot possibly manage with less than three pairs of shoes each year (but clothing would last throughout the year), and indirectly, the Tanna taught us that these shoes should be given to her on the occasion of the festival, so that she might derive joy from them. (65a – 65b)
Provincial Zuzim

The Mishna had stated: A husband must provide for his wife clothing of fifty zuz from year to year.

Abaye comments: The Mishna is referring to the provincial zuzim (which are only worth an eighth of the Tyrian zuzim).

Abaye explains himself: Since the Mishna states: These minimums are applicable to a poor person in Israel. But with a wealthy person, everything is according to his honor; if you would think that we are referring to the Tyrian zuzim, from where would a poor person have fifty zuz? It is therefore evident that the Mishna is referring to the provincial zuzim. (65b)

Worn-out Clothing

The Mishna had stated: He must provide for her clothing of fifty zuz from year to year. And he does not give her, either new clothes in the summer, worn-out in the winter, but he gives her new clothes worth fifty zuz in the winter, and she covers herself in their worn condition in the summer, and the worn-out ones are hers.

The Gemora cites a braisa: The wife’s leftover food belongs to the husband. Her leftover worn-out clothing belongs to her.

The Gemora asks: What does she need her worn-out clothing for?

Rachava answers: She wears them while she is a niddah in order that she does not become repulsive in the eyes of her husband (by wearing the same clothes then that she wore when she was tahor).

(Based on the above) Abaye notes: The worn-out clothing of a widow belongs to the husband’s inheritors. He explains: The only reason that the woman keeps her worn-out clothing is that she should appear repulsive in the eyes of her husband; here, when she is a widow, we are not concerned if she appears repulsive. (65b)

Friday Night

The Mishna had stated: The Mishna continues: He gives her a ma'ah of silver for her needs, and she eats with him on Friday nights.

The Gemora asks: What does it mean that “she eats with him”?

Rav Nachman says: It means that she actually eats with him on Friday night.

Rav Ashi says: It means that she has marital relations with him on Friday night.

The Gemora asks on Rav Ashi: Why does the Mishna use the language of “eating” if it means marital relations?

The Gemora answers: The Mishna wished to use an appropriate expression.

The Gemora asks further from the following braisa: Rabban Shimon ben Gamliel says: She eats with him on Friday night and on Shabbos day. How can this be referring to marital relations? Didn’t Rav Huna say that the Jewish people are holy and they do not engage in marital relations during the day?

The Gemora answers: The braisa can be in accordance with Rava’s opinion, for he says that it is permitted in a dark house. (65b)

Nursing Women

The Mishna had stated: And what work must she do for him? She is required to spin the weight of five selas of warp in Judea, which equals ten selas in the Galil; or the weight of ten selas of weft in Judea, which are twenty selas in the Galil. But if she was nursing, they decrease her earnings obligation and increase her maintenance.

Rabbi Ulla the Great lectured at the door of the Nasi’s house: Although they said that a man is under no obligation to maintain his sons and daughters when they are minors, he must maintain them while they are very young. Until what age? Until the age of six. This is in accordance with the opinion of Rav assi, for Rav Assi stated: A child of the age of six may go out of the boundary of the city with the eruv of his mother.

How do I know this? It is from the Mishna which states: But if she was nursing, they decrease her earnings obligation and increase her maintenance. What can be the reason for this? Surely, it is because the child must eat together with her.

The Gemora asks: But is it not possible that the reason is because she is sick (and requires more food)?

The Gemora answers: If that were the case, the Mishna should have stated: If she was sick. Why did the Mishna state: If she was nursing? (Evidently, it is on account of her child.)

The Gemora persists: But is it not possible that the Mishna wishes to teach us that an ordinary nursing mother is considered sick? (The Gemora concludes that you cannot provide proof that a young child needs to be supported from our Mishna.)

Rabbi Yehoshua ben Levi said: A nursing woman is given an additional allowance for wine, because wine is beneficial for her milk. (65b)

WE SHALL RETURN TO YOU, AF AL PI

[END]

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Purchasing New Shoes

The Mishna had stated: A husband must provide for his wife a kerchief for her head, a belt for her loins, shoes from festival to festival and clothing of fifty zuz from year to year.

Rav Papa asked of Abaye (Kesuvos 65b): Is it logical that the husband should provide for his wife shoes three times a year, but she only receives new clothing once a year? Isn’t having new clothing for the festival more important than having new shoes?

Abaye answered: The Tanna was located in a mountainous region where one cannot possibly manage with less than three pairs of shoes each year (but clothing would last throughout the year), and indirectly, the Tanna taught us that these shoes should be given to her on the occasion of the festival, so that she might derive joy from them.

The Terumas Hadeshen (36) proves from our Gemora that one should recite the blessing of shehechiyonu when purchasing new shoes, for the Gemora explicitly states that the woman rejoices on account of her new shoes.

R’ Yochanan (Brochos 59b) states that a shehechiyonu is only recited when one purchases significant clothing, but there is no requirement to recite the blessing when purchasing socks and shoes since they are not choshuv.

The Rosh (ibid, 9:16) rules that this halacha is only applicable to a wealthy person; however, a poor man would recite a shehechiyonu when purchasing a new pair of shoes, since for him, it is a tremendous joy.

The Rema (O”c, 223:6) quotes from others that one should not say tevaleh v’tischadesh (you should wear out and you should renew) on a new pair of shoes, for it will require the killing of another animal (to get its hide), and it is written: And He is compassionate on all his creations. He concludes that that this reason is extremely weak and not logical, but many people are careful not to say it.

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Yevamah’s Mitzvah

The Gemora (Kesuvos 64a) states that we don’t write a certificate of rebelliousness against the yavam because we tell the yevamah, “Go, you are not obligated in this mitzvah!”

Rashi explains: The mitzvah to procreate obligates men, but not women.

The question can be asked: What about the mitzvah of yibum? Even if the woman is exempt from the commandment to procreate, but if she is obligated in the mitzvah of yibum, it should be regarded as the yavam is depriving the yevamah of her mitzvah. It is evident from our Gemora that the mitzvah of yibum is applicable only to the yavam, and not to the yevamah.

The Avudraham writes that the yevamah does not recite a blessing when she submits to chalitzah or yibum because she is exempt from the mitzvah of procreation. It seems that the two mitzvos are dependent upon each other; since she is not obligated to have children, she is exempt from the mitzvah of yibum.

The Rambam in his Sefer HaMitzvos (216) writes that there is a commandment for the yavam to perform a yibum with his brother’s wife when his brother died childless.

The Minchas Chinuch (1:15) states that it is implicit from the Rambam that he maintains that the mitzvah of yibum is an obligation for the man (the yavam) and not for the woman (the yevamah).

The Chinuch (Mitzvah 598 and 599) states explicitly that the mitzvah of yibum is only applicable to men and not to women.

The Minchas Chinuch cites a Pnei Yehoshua in Kesuvos (40a) that the mitzvah of yibum also applies to the yevamah.

Why should there be an obligation for the yevamah; the Torah explicitly states that the brother should marry his brother’s wife. It is not written anywhere that she shall be taken for yibum?

Reb Ezriel Cziment, in his sefer Mitzvos Hamelech answers: Besides the mitzvah of performing a yibum, there is also an obligation to establish a name for the deceased. It is this mitzvah that the yevamah plays an integral role in and she is thus included in the mitzvah obligation.

This would seemingly be inconsistent with our Gemora.

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Daf Yomi - Kesuvos 64 - Highlights

Refusing Yibum

Rav Tuvi bar Kisna said in the name of Shmuel: We write a certificate of rebelliousness against an arusah (who refuses to enter into nisuin), but we do not write a certificate of rebelliousness against a yevamah (who refuses to enter into yibum).

The Gemora asks from the following braisa: Both a woman who is betrothed and married, even if she is a menstruant, even if she is sick, and even if she is waiting yibum; all can be regarded as rebelling. (Evidently, we would write a certificate for a yevamah awaiting yibum if she refuses)!?

The Gemora answers: The braisa is referring to a case where the yavam is demanding that the yevamah should avail herself to him, whereas Shmuel is discussing a case where she is demanding of him. For Rav Tachlifa bar Avimi said in the name of Shmuel: Beis Din gets involved to help the yavam when he demands of her and she refuses; however, they do not get involved to help her when she demands of him and he refuses.

The Gemora asks: If Shmuel is referring to a case where she demands of him and he refuses, he should have said: We write a certificate of rebelliousness for an arusah (not against the arusah)?

The Gemora answers: Let us emend Shmuel’s statement to read: We write a certificate of rebelliousness for an arusah.

The Gemora asks: What is the reason that we don’t write a certificate of rebelliousness against the yavam? It must be because we tell the yevamah, “Go, you are not obligated to have children!” Shouldn’t the same logic apply by an arusah also? When she is demanding to be married with nisuin, we should tell her, “Go, you are not obligated to have children!”

Perhaps you will say that it is referring to a case where the arusah is coming with a valid claim, saying, “I wish to have a staff in my hand and a spade for my burial (a son who will provide for me while I am alive and arrange for my burial when I die).” If so, the same claim can be said by a yevamah as well; why is the arusah’s claim any stronger?

Rather, the Gemora reverts to its original understanding: Both the braisa and Shmuel are discussing a case where the yavam is demanding of the yevamah; the difference is as follows: The braisa is referring to a case where the yavam is demanding that the yevamah should submit to chalitzah (we write a certificate of rebelliousness against her because chalitzah is regarded as the preferred option). Shmuel is discussing a case where the yavam is demanding that yibum should be performed (we do not write a certificate of rebelliousness against her). For Rabbi Pedas said in the name of Rabbi Yochanan: Beis Din gets involved to help the yavam when he demands that the yevamah should submit to chalitzah; however, however, they do not get involved to help her when he demands yibum.

The Gemora asks on this explanation: What is the reason that we don’t write a certificate of rebelliousness against the yevamah when she refuses yibum? It must be because we tell the yavam, “Go and marry a different woman.” Shouldn’t we be able to say the same thing when his yevamah refuses to submit to chalitzah?

Perhaps you will say that the yavam can counter and say, “Since the yevamah is attached to me, another woman will not want to marry me,” and therefore, the braisa rules that Beis Din assists him. If so, we can say the same argument in Shmuel’s case, when she refuses yibum. Why should the two cases be different?

Rather, the Gemora explains that both the braisa and Shmuel are discussing a case where the yavam is demanding of the yevamah to avail herself for yibum; the difference is as follows: The braisa is following the opinion of the original Mishna (the mitzvah of yibum is more preferable than chalitzah; and therefore, the yevamah is regarded as rebellious if she refuses yibum). Shmuel is following the opinion of the later Mishna (the mitzvah of chalitzah is more preferable than yibum; and therefore, the yevamah is not regarded as rebellious if she refuses yibum). For we learned in the following Mishna: The mitzvah of yibum takes precedence over the mitzvah of chalitzah. This was only initially, when the people intended solely for the sake of the mitzvah, but now that they have ulterior motives involved, the mitzvah of chalitzah takes precedence. (64a)

Compensation for Rebellion
The Mishna had stated: One who rebels against his wife must add three dinar a week to her kesuvah. Rabbi Yehuda says three trapaics.

The Gemora asks: What are trapaics?

Rav Sheishes said: A trapaic is equivalent to an astira (a provincial sela).

The Gemora asks: And how much is an astira?

The Gemora answers: It is half a (Tyrian) zuz (the Tyrian coins were made out of pure silver, whereas, the provincial coins had only one part silver and seven parts were made from base metal; hence, the Tyrian coins were valued at eight times more than a provincial coin; there are four zuz (or dinars) in a sela and consequently, a provincial sela is equivalent to half of a Tyrian zuz).

The Gemora cites a braisa, which supports this explanation: Rabbi Yehudah said: Three Trapaics (per week), which are equivalent to nine ma’ahs (since there are six ma’ahs in a zuz and a trapaic is half a zuz; three trapaics are equivalent to nine ma’ahs), which amounts to (a reduction) of a ma’ah and a half per day (six days of the week).

(It emerges from this braisa that when we increase her kesuvah on account of his rebelliousness, we do not include Shabbos.) Rav Chiya bar Yosef asked of Shmuel: Why is it that when we decrease her kesuvah on account of her rebelliousness, we include Shabbos (as Rabbi Yehudah stated: Seven dinars per week; one dinar per day), and yet, when we increase her kesuvah on account of his rebelliousness, we do not include Shabbos?

Shmuel answers: When we decrease her kesuvah on account of her rebellion, it does not have the appearance of “Shabbos pay”; however, where we are increasing his kesuvah on account of his rebellion (if we would include Shabbos), it would appear as “Shabbos pay.”(It is Rabbinically forbidden to earn money on Shabbos, for this may result in buying, selling and renting on Shabbos.)

Rav Chiya bar Yosef asked of Shmuel: Why is that a rebellious woman loses more than a rebellious man?

Shmuel replied: Go out and learn from a market of harlots; who hires whom? (Since the man hires the woman, it is obvious that his desire for intimacy is greater, and the lack of intimacy causes more anguish to him than to her.) Another explanation: The man’s desires are recognizable on the outside (his erection and therefore, he is more embarrassed), whereas a woman’s is on the inside. (64a – 64b)
Mishna
The Mishna states: If a man provides for his wife through a third party, he may not give her less than two kavs of wheat, or four kavs of barley per week. Rabbi Yosi said: Barley was granted to her only by Rabbi Yishmael, who was close to Edom. He also gives her half a kav of beans, a half a log of oil, and a kav of dried figs, or a maneh of pressed figs. And if he has none, he must provide in their stead produce from another place.

He must provide for her a bed, a mattress, and a mat. And he must give her a kerchief for her head, and a belt for her loins, and shoes from festival to festival, and clothing of fifty zuz from year to year. And he does not give her, either new clothes in the summer, worn-out in the winter, but he gives her new clothes worth fifty zuz in the winter, and she covers herself in their worn condition in the summer, and the worn-out ones are hers.

The Mishna continues: He gives her a ma'ah of silver for her needs, and she eats with him on Friday nights. And if he does not give her a ma'ah of silver for her needs, her earnings are hers.

And what work must she do for him? She is required to spin the weight of five selas of warp in Judea, which equals ten selas in the Galil; or the weight of ten selas of weft in Judea, which are twenty selas in the Galil. But if she was nursing, they decrease her earnings obligation and increase her maintenance. To what does this refer? These minimums are applicable to a poor person in Israel. But with a wealthy person, everything is according to his honor. (64b)

Amount of Meals
The Gemora asks: Who is the Tanna of our Mishna (that we give the wife two kavs of wheat per week)? It cannot be Rabbi Yochanan ben Beroka, nor can it be Rabbi Shimon. For we learned in the following Mishna: What is the quantity needed to make an eruv techumin (one who places a certain amount of food in a place up to 2,000 amos away from his current location; he is then permitted to walk 2,000 amos beyond there because the location of his food is regarded as his residence)? Food of two meals for each person that needs the eruv. This is referring to food for a weekday meal, and not for Shabbos meals; these are the words of Rabbi Meir. Rabbi Yehudah says: This is referring to food for Shabbos meals, and not for his weekday meals. Both opinions intended to be lenient (Rabbi Meir used to consume at a weekday meal less bread than at a Shabbos meal, which had more courses and since he ate bread with each course, he ate more bread; Rabbi Yehudah, however, consumed on Shabbos less bread than he would on weekdays because he satisfied himself with the extra courses). Rabbi Yochanan ben Beroka says: The required amount of bread for an eruv is a loaf that is purchased for a pundyon when four se'ahs of grain are purchased for a sela. (Each sela = four dinars, each dinar = six ma'ahs and each ma'ah = two pundyons. Consequently, a sela = (4 X 6 X 2) forty eight pundyons. Since a se'ah = six kavs, four se’ahs = twenty-four kavs. If four se’ahs (twenty-four kavs) sell for a sela (forty-eight pundyons), one can purchase one kav with two pundyons and a half of a kav with one pundyon; it emerges that the loaf of bread measures a volume of twelve eggs since there are twenty-four eggs in a kav.) Rabbi Shimon says: The required amount of bread for an eruv is two thirds of a loaf when there are three loaves to a kav. (One loaf is made from 1/3 kav, the volume of 8 eggs, and 2/3 of a loaf measures 5 1/3 eggs.) Half of the loaf is used to determine if one’s clothes have been contaminated when he entered a house with tzaraas. (A person who enters a house inflicted with tzaraas becomes tamei immediately, but he is not required to wash his clothes unless he remained in it the time necessary for eating. The Sages learned from this that only if a person stayed in the house a length of time needed for eating, is required to wash his clothes. And the time is long enough "to eat a peras", i.e., ½ a loaf. The Mishna teaches us that according to Rabbi Yochanan ben Beroka, who holds that a whole loaf is ¼ a kav [the volume of 6 eggs], the volume of the “eating of a peras” is 3 eggs; and according to Rabbi Shimon, who holds that a loaf is a 1/3 of a kav [8 eggs], the volume of the “eating of a peras” is 4 eggs.) And a half of its half (a quarter of the loaf) is the amount of tamei food eaten that will render someone unfit to eat terumah. And a half of a half of a half of the loaf is the amount required to contract food tumah.

Now, the Gemora explains its question: Who is the Tanna of our Mishna (that we give the wife two kavs of wheat per week)? If it is Rabbi Yochanan ben Beroka (who maintains that the two meals for an eruv measures half a kav), then two kavs of wheat will be only eight meals (and she needs fourteen for the week)? If it is Rabbi Shimon (who maintains that the two meals for an eruv measures two thirds of a one third kav loaf, then one meal is one ninth of a kav), then two kavs of wheat will be eighteen meals (which would be more than necessary)?

The Gemora answers: The Tanna of the Mishna can be Rabbi Yochanan ben Beroka, and it is like Rav Chisda said elsewhere: Deduct a third for the profit of the shopkeeper, so too here also, take a third (though the shopkeeper buys at the rate of four se'ahs for a sela, which is equal to half a kav for a pundyon, he sells it at a higher price, leaving for himself a profit of one third of the purchase price; for each pundyon, he sells only two thirds of half a kav;. one third of half a kav or one sixth of a kav thus provides one meal, two kavs therefore, would produce (2 x 6) = twelve meals) and add it (the four meals) to the eight meals that we calculated before.

The Gemora asks: That is still only twelve meals (and she needs fourteen meals)?

The Gemora answers: Since she eats with her husband on Friday night, it is not necessary to provide for that meal.

The Gemora asks: Firstly, this is only understandable according to the opinion who holds that the Mishna means that she actually eats together with him, but according to the opinion who maintains that “eating” is merely a euphemism for marital relations, how can it be explained? Secondly, even without the Friday night meal, she still requires thirteen meals, and two kavs will only provide twelve meals?

The Gemora answers: The Tanna of the Mishna can be Rabbi Yochanan ben Beroka, and it is like a different statement that Rav Chisda said elsewhere: Deduct a half for the profit of the shopkeeper, so too here also, take a half and add it (the eight meals) to the eight meals that we calculated before.

The Gemora asks: The two statements of Rav Chisda contradict each other!

The Gemora answers: One statement refers to a place where the wheat sellers supply wood to the bakers, whereas the other refers to a place where they do not supply the wood (and the shopkeeper sells at a profit equal to half of his purchase price to compensate himself for the cost of the wood).

The Gemora asks: Even according to this explanation, two kavs of wheat will provide sixteen meals and she needs only fourteen?

The Gemora answers: It is going according to Rav Chidka, who says that one is obligated to eat four meals on Shabbos (and consequently, she needs sixteen meals a week).

Alternatively, the Gemora answers that it can be according to the Rabbis who hold that one is required to eat only three meals on Shabbos, but one meal is reserved for guests and occasional visitors.

The Gemora concludes: Now that we explained the Mishna in this way, we can say that our Mishna follows the opinion of Rabbi Shimon. That which we asked that according to him, two kavs provide for eighteen meals, we can answer that we deduct meals, which are reserved for guests and occasional visitors. (64b)

[END]

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Measurements

Here is a chart which should assist you in some of the details involving the measurements discussed in today's Daf (Kesuvos 64b).

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Can’t Say Hello?

The Gemora (Kesuvos 62b - 63a) relates: Rabbi Akiva was a shepherd of Ben Kalba Savua. His daughter, upon observing how modest and noble the shepherd was, said to him, “Were I to be betrothed to you, would you go away to study Torah?” “Yes,” he replied. She was then secretly betrothed to him and sent him away. When her father heard what she had done, he chased her from his house and forbade her by a vow to have any benefit from his estate. Rabbi Akiva spent twelve years studying Torah. When he returned home, he brought with him twelve thousand disciples. While in his home town, he heard an old man saying to his (Rabbi Akiva’s) wife, “How long will you be living as a widow?” She said to him: “If he would listen to me, he would sit and learn for another twelve years.” Rabbi Akiva (overhearing this statement) said: “I now have permission.” He therefore returned immediately to learn for another twelve years in the Beis Medrash.

When he returned (after the second period of twelve years), he returned together with twenty four thousand of his students. His wife heard that he was returning, and came out to greet him. Her neighbors told her: “Borrow some clothing and cover yourself well.” She replied: “A righteous man knows the soul of his animal.”

When she reached him, she fell on her face and kissed his legs. Rabbi Akiva’s aide began to push her away. Rabbi Akiva said: “Leave her, as both mine and yours (merit of Torah study) is because of her.”

Her father heard that a great man was coming to town. He said: “I will go come before him; perhaps he will negate my vow.” He came before Rabbi Akiva. Rabbi Akiva said to him: “Did you make this vow with the intention that it should apply even if he becomes a great man?” He replied: “Even if he would learn one chapter or one law (I did not intend it).” Rabbi Akiva told him: “I am he (your son-in-law about whom you made the vow).” He fell to the ground, kissed his legs, and gave him one half of his assets.

The question is asked: Why didn’t Rabbi Akiva, at least, say hello to his wife, and then return to study for another twelve years? He was already home; wouldn’t that have been the decent thing to do?

We always heard in Yeshiva from Rabbi Gifter that “two times twelve” is not comparable at all with “one times twenty-four.” Rabbi Akiva was returning home, for he thought that his wife wished for him to be home; once he had permission from her to study longer, it would have been an interruption in his learning.

This was always used as a lesson for us as to how vital it is for one studying Torah to utilize every second for learning, even during a lunch hour or by vacation. It is important to relax, but a true Torah scholar must always remain focused on his learning even when he is occupied with other mundane matters.

Rav Chatzkel Levinstein said that Rabbi Akiva was concerned that if he would enter his house, he would get involved in other matters, and he would not be able to return to the Beis Medrash.

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